Dismissed

Jokhu Alias Jokhuram Maurya v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko and 7 Others

Allahabad HC9 Aug 2024/6834/2024

Case brief

AI extract

What is this about?

Petitioner sought writ direction for peaceful possession and protection of boundary pillars following pathar nasab order under U.P. Revenue Code, 2006. Court dismissed writ petition and directed petitioner to approach Tehsildar under Section 227.

What did the court decide?

Directed petitioner to move application under Section 227 of U.P. Revenue Code to Tehsildar within two weeks with further steps.

Jokhu Alias Jokhuram Maurya Vs State of U.P. Thru… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55319-DB

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Court No. - 3

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Case :- WRIT - C No. - 6834 of 2024

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Petitioner :- Jokhu Alias Jokhuram Maurya Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko And 7 Others Counsel for Petitioner :- Vinod Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioner and learned Standing Counsel who appears on behalf of the State-respondents.

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This writ petition has been filed by the petitioner with the following main prayer:-

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"I. Issue a writ order or direction in the nature mandamus commanding and directing the opposite party no.2 to 5 to provide the peaceful possession to the petitioner over the land Gata No.1168 area 0.980 hectare situated at Village Gopalpur Saray, Khwaja, Gaura Tikari, Pargana, Aldemau, Tehsil Kadipur, District Sultanpur on which "Pathar Nasab" proceeding has been made in pursuance of order dated 15.04.2024 passed by opposite party no.3 in Case No.01112 of 2024 "Jokhu Vs. Nali Chakmarg" filed under section 24 of U.P. Revenue Code, 2006 (Annexure No.2) in the interest of justice."

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It is the case of the petitioner that he is a recorded tenure holder of Gata No.1168 area 0.9860 hectare situated at Village Gopalpur Saray Khwaja, Gaura Tikari, Pargana Aldemau, Tehsil Kadipur, District Sultanpur. He has filed an application under Section 24 of the U.P. Revenue Code registered as Case No.1122 of 2024, which has been finally decided on 15.4.2024. In pursuance of such order, erection of boundary pillars has also been done and a report in this regard has been submitted to the S.D.M. on 28.6.2024. The private respondent nos. 6 to 8 are forcibly destroying the boundary pillars and disturbing the peaceful possession of the petitioner. Therefore, this writ petition has been filed with the aforesaid prayers.

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Learned Standing Counsel has pointed out Section 227 of the U.P. Land Revenue Code wherein it has been provided that if any person wilfully destroys or injuries or without lawful authority removes any boundary marks lawfully erected under Chapter IV or under any other law for the time being in force, he may be ordered by the Tehsildar to pay such amount as is

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prescribed for each mark so destroyed, injured or removed and also the Tehsildar may ask him to defray the expenses of restoring the same.

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The writ petition is disposed of with the direction to the petitioner to move appropriate application under Section 227 of the U.P. Revenue Code to the Tehsildar concerned within two weeks from today. If such an application is made, the Tehsildar shall take appropriate steps in accordance with law within further period of two weeks thereafter.

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Order Date :- 9.8.2024 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Jokhu Alias Jokhuram Maurya v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko and 7 Others

Case brief

What is this about?

What did the court decide?

Jokhu Alias Jokhuram Maurya v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Sectt. Lko and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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